Makalio&nbspPenese'Sua

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Full Name

Makalio Penese'Sua

Background

Background From NZ Lawyer report 24th November 2006 A man whose sexual offending against two young teenage girls included abusing them while they slept was today jailed for eight years. Makalio Penese'Sua, 40, appeared for sentencing in Wellington District Court after pleading guilty to five charges of sexual violation, three counts of indecent assault and one charge of rape committed on two victims aged 12-16 years. Judge Ian Mill said one of the charges was a representative charge against one victim whereas the other charges related to the principal victim with offending occurring between 2002 and 2004. Both victims were aged around 13 years.

Judge Mill said Penese'Sua met the main victim when she was on holiday with friends of the family, staying at the same address as him. He began by indecently touching her when no one else was around. He crept into her bedroom at night and on one occasion partially undressed her and tried to have sexual intercourse with her. He also made the girl have oral sex with him, despite her objections and sexually assaulted her in her own home. Penese'Sua's second victim also awoke one night to find him fondling her. Penese'Sua hung his head and cried as he stood in the dock clasping his hands in front of him. Crown prosecutor Nick Chisnall said the offending was very serious.

The victims were children and Penese'Sua was in a position of trust. His offending against the main victim was premeditated because it continued. Penese'Sua's guilty plea meant the matter would not go to trial and he should be given credit for sparing his victims this traumatic experience, Mr Chisnall said. Penese'Sua's lawyer Sandy Baigent said her client had instructed her not to try to alter any of the charges as he wanted to face everything he had to face. He had expressed extraordinary remorse, she said. He had confessed his actions to his family some time before police became involved.

Ms Baigent said her client enrolled himself in a programme to help sex offenders as soon as he heard of it which was no easy task given that English was his second language. She said although it appeared the offending happened over years it was actually snap shots of time over those years, for example during school holidays, and therefore amounted to about six weeks in total. Judge Mill said Penese'Sua had an assault charge from many years ago but was effectively a first time offender. He had told his probation officer once he started committing the acts he could not stop but he knew it was wrong.

Judge Mill said it was "refreshing" Penese'Sua was one of the few offenders coming before the court of these sorts of charges to accept genuine responsibility, Judge Mill said. However, he had committed a very serious series of offences and a very substantial prison sentence was justified, Judge Mill said. An aggravating feature was the degree of violence used because Penese'Sua was acting without consent and a gross breach of trust. "The girls were entitled to be protected by you rather than protected from you," Judge Mill told Penese'Sua.

Alias

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Date of Birth

Born 1963

Offences

Rape, sexual violation (x5) and indecently assault (x3) of two girls aged 12-16 in Wellington between 2002 and 2004 Also a prior assault conviction from some years previously